2009 West Virginia Code
CHAPTER 22. ENVIRONMENTAL RESOURCES

ARTICLE 1. DEPARTMENT OF ENVIRONMENTAL PROTECTION. 

• §22-1-1   Legislative findings; legislative statement of policy and purpose.
• §22-1-2 Definitions.
• §22-1-3 Rule making generally; relationship to federal programs.
• §22-1-3a Rules -- New or amended environmental provisions.
• §22-1-4 Department of Environmental Protection continued.
• §22-1-5 Jurisdiction vested in division.
• §22-1-6 Secretary of the Department of Environmental Protection.
• §22-1-7 Offices within division.
• §22-1-7a Continuation of office of water resources.
• §22-1-8 Supervisory officers.
• §22-1-8a General powers and duties of the director of the division of mines and minerals.
• §22-1-9 Environmental protection advisory council.
• §22-1-10 Allocation of appropriations and effect on personnel.
• §22-1-11 Saving provisions.
• §22-1-12 Public information.
• §22-1-13 Notification of permitting decisions.
• §22-1-14 Stream restoration fund; creation; special account; purposes and expenditures.
• §22-1-15 Laboratory certification; rules; fees; revocation and suspension; environmental laboratory certification fund; programs affected; and appeals.
• §22-1-16 Time for commencing proceedings.
• §22-1-17 Special reclamation fund advisory council.

ARTICLE 1A. PRIVATE REAL PROPERTY PROTECTION. 

• §22-1A-1 Short title.
• §22-1A-2 Legislative findings and purpose.
• §22-1A-3 Actions by division of environmental protection; requirement for assessment.
• §22-1A-4 Buffer zones.
• §22-1A-5 Remedies.
• §22-1A-6 Scope of application.

ARTICLE 2. ABANDONED MINE LANDS AND RECLAMATION ACT. 

• §22-2-1 Short title.
• §22-2-2 Legislative findings; intent and purpose of article; jurisdiction and authority of director.
• §22-2-3 Definitions.
• §22-2-4 Abandoned land reclamation fund and objectives of fund; lands eligible for reclamation.
• §22-2-5 Powers and duties of director; program plans and reclamation projects.
• §22-2-6 Acquisition and reclamation of land adversely affected by past coal surface-mining practices.
• §22-2-7 Liens against reclaimed land; petition by landowner; appeal; priority of liens.
• §22-2-8 Filling voids and sealing tunnels.
• §22-2-9 General and miscellaneous powers and duties of director; cooperative agreements; injunctive relief; water treatment plants and facilities; transfer of funds and interagency cooperation.

ARTICLE 3. SURFACE COAL MINING AND RECLAMATION ACT. 

• §22-3-1 Short title.
• §22-3-2 Legislative findings and purpose; jurisdiction vested in division of environmental protection; authority of director; inter-departmental cooperation.
• §22-3-3 Definitions.
• §22-3-4 Reclamation; duties and functions of director.
• §22-3-5 Surface-mining reclamation supervisors and inspectors; appointment and qualifications; salary.
• §22-3-6 Duties of surface-mining reclamation inspectors and inspectors in training.
• §22-3-7 Notice of intention to prospect, requirements therefor; bonding; director's authority to deny or limit; postponement of reclamation; prohibited acts; exceptions.
• §22-3-8 Prohibition of surface mining without a permit; permit requirements; successor in interest; duration of permits; proof of insurance; termination of permits; permit fees.
• §22-3-9 Permit application requirements and contents.
• §22-3-10 Reclamation plan requirements.
• §22-3-11 Bonds; amount and method of bonding; bonding requirements; special reclamation tax and funds; prohibited acts; period of bond liability.
• §22-3-11a Special reclamation tax; clarification of imposition of tax; procedures for collection and administration of tax; application of Tax Procedure and Administration Act and Tax Crimes and Penalties Act.
• §22-3-13 General environmental protection performance standards for surface mining; variances.
• §22-3-13a Preblast survey requirements.
• §22-3-14 General environmental protection performance standards for the surface effects of underground mining; application of other provisions of article to surface effects of underground mining.
• §22-3-15 Inspections; monitoring; right of entry; inspection of records; identification signs; progress maps.
• §22-3-16 Cessation of operation by order of inspector; informal conference; imposition of affirmative obligations; appeal.
• §22-3-17 Notice of violation; procedure and actions; enforcement; permit revocation and bond forfeiture; civil and criminal penalties; appeals to the board; prosecution; injunctive relief.
• §22-3-18 Approval, denial, revision and prohibition of permit.
• §22-3-19 Permit revision and renewal requirements; incidental boundary revisions; requirements for transfer; assignment and sale of permit rights; and operator reassignment.
• §22-3-20 Public notice; written objections; public hearings; informal conferences.
• §22-3-21 Decision of director on permit application; hearing thereon.
• §22-3-22 Designation of areas unsuitable for surface mining; petition for removal of designation; prohibition of surface mining on certain areas; exceptions; taxation of minerals underlying land designated unsuitable.
• §22-3-22a Blasting restrictions; site specific blasting design requirement.
• §22-3-23 Release of bond or deposits; application; notice; duties of secretary; public hearings; final maps on grade release.
• §22-3-24 Water rights and replacement; waiver of replacement.
• §22-3-25 Citizen suits; order of court; damages.
• §22-3-26 Surface-mining operations not subject to article.
• §22-3-27 Leasing of lands owned by state for surface mining of coal.
• §22-3-28 Special permits authorization for reclamation of existing abandoned coal processing waste piles; coal extraction pursuant to a government-financed reclamation contract; coal extraction as an incidental part of development of land for commercial, residential, industrial or civic use; no cost reclamation contract.
• §22-3-29 Experimental practices.
• §22-3-30 Certification and training of blasters.
• §22-3-30a Blasting requirements; liability and civil penalties in the event of property damage.
• §22-3-31 Conflict of interest prohibited; criminal penalties therefor; employee protection.
• §22-3-32 Special tax on coal production; mines and minerals operations fund.
• §22-3-32a Special tax on coal; clarification of imposition of tax; procedures for collection and administration of tax.

ARTICLE 3A. OFFICE OF EXPLOSIVES AND BLASTING. 

• §22-3A-1 Legislative findings; policy and purposes.
• §22-3A-2 Office of explosives and blasting created; transfer of functions; responsibilities.
• §22-3A-3 Powers and duties.
• §22-3A-4 Legislative rules on surface-mining blasting; disciplinary procedures for certified blasters.
• §22-3A-5 Claims process.
• §22-3A-6 Rules, orders and permits to remain in effect; proceedings not affected.
• §22-3A-7 Funding.
• §22-3A-8 Transfer of personnel and assets.
• §22-3A-9 Limitation of article.
• §22-3A-10 Office to conduct study.
• §22-3A-11 Continuation of office.

ARTICLE 4. QUARRY RECLAMATION ACT. 

• §22-4-1 Short title.
• §22-4-2 Legislative findings.
• §22-4-3 Definitions.
• §22-4-4 Director of the division of environmental protection; powers and duties.
• §22-4-5 Quarry permit requirements.
• §22-4-6 Application review, public notice and comment, and permit approval.
• §22-4-7 Denial of quarry permit.
• §22-4-8 Limitations; mandamus.
• §22-4-9 Permit renewals and revisions.
• §22-4-10 Modification of permits.
• §22-4-11 Transfer of permits.
• §22-4-12 Pre-blast survey requirements.
• §22-4-13 Blasting restrictions; blasting formula; filing preplan; site specific blasting requirements; penalties; notice.
• §22-4-14 Performance standards.
• §22-4-15 Groundwater protection.
• §22-4-16 Water rights and replacement; waiver of replacement.
• §22-4-17 Quarrying and reclamation plan.
• §22-4-18 Land reclamation requirements.
• §22-4-19 Time period for reclamation.
• §22-4-20 Fiscal responsibility.
• §22-4-21 Release of bonds.
• §22-4-22 Bond pooling fund.
• §22-4-23 Quarry reclamation fund.
• §22-4-24 Orders, inspections and enforcement; permit revocation, damages, civil and criminal penalties.
• §22-4-25 Appeals to board.
• §22-4-26 Required fees, quarry inspection and enforcement fund.
• §22-4-27 Exception for certain existing quarries.
• §22-4-28 Persons ineligible for a permit.
• §22-4-29 Exemptions.

ARTICLE 5. AIR POLLUTION CONTROL. 

• §22-5-1 Declaration of policy and purpose.
• §22-5-2 Definitions.
• §22-5-3 Causing statutory pollution unlawful; article not to provide persons with additional legal remedies.
• §22-5-4 Powers and duties of director; and legal services; rules.
• §22-5-5 Issuance of cease and desist orders by director; service; permit suspension, modification and revocation; appeals to board.
• §22-5-6 Penalties; recovery and disposition; duties of prosecuting attorneys.
• §22-5-7 Applications for injunctive relief.
• §22-5-8 Emergencies.
• §22-5-9 Powers reserved to secretary of the department of health and human resources, commissioner of bureau of public health, local health boards and political subdivisions; conflicting statutes repealed.
• §22-5-10 Records, reports, data or information; confidentiality; proceedings upon request to inspect or copy.
• §22-5-11 Construction, modification or relocation permits required for stationary sources of air pollutants.
• §22-5-11a Activities authorized in advance of permit issuance.
• §22-5-12 Operating permits required for stationary sources of air pollution.
• §22-5-13 Consolidation of permits.
• §22-5-14 Administrative review of permit actions.
• §22-5-15 Motor vehicle pollution, inspection and maintenance.
• §22-5-16 Small business environmental compliance assistance program, compliance advisory panel.
• §22-5-17 Interstate ozone transport.
• §22-5-19 Net greenhouse gas inventory.

ARTICLE 6. OFFICE OF OIL AND GAS; OIL AND GAS WELLS; ADMINISTRATION; ENFORCEMENT. 

• §22-6-1 Definitions.
• §22-6-2 Secretary -- Powers and duties generally; department records open to public; inspectors.
• §22-6-3 Findings and orders of inspectors concerning violations; determination of reasonable time for abatement; extensions of time for abatement; special inspections; notice of findings and orders.
• §22-6-4 Review of findings and orders by director; special inspection; annulment, revision, etc., of order; notice.
• §22-6-5 Requirements for findings, orders and notices; posting of findings and orders; judicial review of final orders of director.
• §22-6-6 Permit required for well work; permit fee; application; soil erosion control plan.
• §22-6-7 Water pollution control permits; powers and duties of the director; penalties.
• §22-6-8 Permits not to be on flat well royalty leases; legislative findings and declarations; permit requirements.
• §22-6-9 Notice to property owners.
• §22-6-10 Procedure for filing comments; certification of notice.
• §22-6-11 Review of application; issuance of permit in the absence of objections; copy of permits to county assessor.
• §22-6-12 Plats prerequisite to drilling or fracturing wells; preparation and contents; notice and information furnished to coal operators, owners or lessees; issuance of permits; performance bonds or securities in lieu thereof; bond forfeiture.
• §22-6-13 Notice to coal operators, owners or lessees and director of intention to fracture certain other wells; contents of such notice; bond; permit required.
• §22-6-14 Plats prerequisite to introducing liquids or waste into wells; preparation and contents; notice and information furnished to coal operators, owners or lessees and director; issuance of permits; performance bonds or security in lieu thereof.
• §22-6-15 Objections to proposed drilling of deep wells and oil wells; objections to fracturing; notices and hearings; agreed locations or conditions; indication of changes on plats, etc.; issuance of permits.
• §22-6-16 Objections to proposed drilling or converting for introducing liquids or waste into wells; notices and hearings; agreed location or conditions; indication of changes on plats, etc.; issuance of permits; docket of proceeding.
• §22-6-17 Objections to proposed drilling of shallow gas wells; notice to chair of review board; indication of changes on plats; issuance of permits.
• §22-6-18 Protective devices -- When well penetrates workable coal bed; when gas is found beneath or between workable coal beds.
• §22-6-19 Same -- Continuance during life of well; dry or abandoned wells.
• §22-6-20 Same -- When well is drilled through horizon of coalbed from which coal has been removed.
• §22-6-21 Same -- Installation of fresh water casings.
• §22-6-22 Well log to be filed; contents; authority to promulgate rules.
• §22-6-23 Plugging, abandonment and reclamation of well; notice of intention; bonds; affidavit showing time and manner.
• §22-6-24 Methods of plugging well.
• §22-6-25 Introducing liquid pressure into producing strata to recover oil contained therein.
• §22-6-26 Performance bonds; corporate surety or other security.
• §22-6-27 Cause of action for damages caused by explosions.
• §22-6-28 Supervision by director over drilling and reclamation operations; complaints; hearings; appeals.
• §22-6-29 Operating permit and processing fund; special reclamation fund; fees.
• §22-6-30 Reclamation requirements.
• §22-6-31 Preventing waste of gas; plan of operation required for wasting gas in process of producing oil; rejection thereof.
• §22-6-32 Right of adjacent owner or operator to prevent waste of gas; recovery of cost.
• §22-6-33 Restraining waste.
• §22-6-34 Offenses; penalties.
• §22-6-35 Civil action for contamination or deprivation of fresh water source or supply; presumption.
• §22-6-36 Declaration of oil and gas notice by owners and lessees of coal seams.
• §22-6-37 Rules, orders and permits remain in effect.
• §22-6-38 Application of article; exclusions.
• §22-6-39 Injunctive relief.
• §22-6-40 Appeal from order of issuance or refusal of permit to drill or fracture; procedure.
• §22-6-41 Appeal from order of issuance or refusal of permit for drilling location for introduction of liquids or waste or from conditions of converting procedure.

ARTICLE 7. OIL AND GAS PRODUCTION DAMAGE COMPENSATION. 

• §22-7-1 Legislative findings and purpose.
• §22-7-2 Definitions.
• §22-7-3 Compensation of surface owners for drilling operations.
• §22-7-4 Common law right of action preserved; offsets.
• §22-7-5 Notification of claim.
• §22-7-6 Agreement; offer of settlement.
• §22-7-7 Rejection; legal action; arbitration; fees and costs.
• §22-7-8 Application of article.

ARTICLE 8. TRANSPORTATION OF OILS. 

• §22-8-1 Scope of article.
• §22-8-2 Duty of pipeline companies to accept and transport oil.
• §22-8-3 Oil of 35 degrees Baume at 60 degrees Fahrenheit; inspection, grading and measurement; receipt; deduction for waste.
• §22-8-4 Oil over 35 degrees Baume at 60 degrees Fahrenheit; inspection and measurement; loss.
• §22-8-5 Lien for charges.
• §22-8-6 Accepted orders and certificates for oil -- Negotiability.
• §22-8-7 Same -- Further provisions.
• §22-8-8 Dealing in oil without consent of owner.
• §22-8-9 Monthly statements.
• §22-8-10 Statements of amount of oil.
• §22-8-11 Penalty -- Wrongful issuance, sale or alteration of receipts, orders, etc.
• §22-8-12 Same -- Dealing in oil without consent of owner in interest.
• §22-8-13 Same -- Failure to make report and statement.

ARTICLE 9. UNDERGROUND GAS STORAGE RESERVOIRS. 

• §22-9-1 Definitions.
• §22-9-2 Filing of maps and data by persons operating or proposing to operate gas storage reservoirs.
• §22-9-3 Filing of maps and data by persons operating coal mines.
• §22-9-4 Notice by persons operating coal mines.
• §22-9-5 Obligations to be performed by persons operating storage reservoirs.
• §22-9-6 Inspection of facilities and records; reliance on maps; burden of proof.
• §22-9-7 Exemptions.
• §22-9-8 Alternative method.
• §22-9-9 Powers and duties of director.
• §22-9-10 Conferences, hearings and appeals.
• §22-9-11 Enforcement.
• §22-9-12 Penalties.
• §22-9-13 Orders remain in effect.

ARTICLE 10. ABANDONED WELL ACT. 

• §22-10-1 Short title.
• §22-10-2 Legislative findings; legislative statement of policy and purpose.
• §22-10-3 Definitions.
• §22-10-4 Financial responsibility -- Applicability.
• §22-10-5 Financial responsibility -- Amount.
• §22-10-6 Establishment of priorities for plugging expenditures.
• §22-10-7 Right of interested person to plug, replug and reclaim abandoned wells.
• §22-10-8 Arbitration; fees and costs.
• §22-10-9 Civil penalties.
• §22-10-10 Rule making; procedure; judicial review.
• §22-10-11 Existing rights and remedies preserved.
• §22-10-12 Provisions of article supplemental.

ARTICLE 11. WATER POLLUTION CONTROL ACT. 

• §22-11-1 Short title.
• §22-11-2 Declaration of policy.
• §22-11-3 Definitions.
• §22-11-4 General powers and duties of director with respect to pollution
• §22-11-5 Water areas beautification; investigations; law enforcement.
• §22-11-6 Requirement to comply with standards of water quality and effluent limitations.
• §22-11-7 Cooperation with other governments and agencies.
• §22-11-7a Certification agreements; required provisions; effective date.
• §22-11-7b Water quality standards; implementation of antidegradation procedures.
• §22-11-8 Prohibitions; permits required.
• §22-11-9 Form of application for permit; information required.
• §22-11-10 Water quality management fund established; permit application fees; annual permit fees; dedication of proceeds; rules.
• §22-11-11 Procedure concerning permits required under article; transfer of permits; prior permits.
• §22-11-12 Inspections; orders to compel compliance with permits; service of orders.
• §22-11-13 Voluntary water quality monitors; appointment; duties; compensation.
• §22-11-14 Information to be filed by certain persons with division; tests.
• §22-11-15 Orders of director to stop or prevent discharges or deposits or take remedial action; service of orders.
• §22-11-16 Compliance with orders of director.
• §22-11-17 Power of eminent domain; procedures; legislative finding.
• §22-11-18 Duty to proceed with remedial action promptly upon receipt of permit; progress reports required; finances and funds.
• §22-11-19 Emergency orders.
• §22-11-20 Control by state as to pollution; continuing jurisdiction.
• §22-11-21 Appeal to environmental quality board.
• §22-11-22 Civil penalties and injunctive relief; administrative penalties.
• §22-11-23 Priority of actions.
• §22-11-24 Violations; criminal penalties.
• §22-11-25 Civil liability; Natural Resources Game Fish and Aquatic Life Fund; use of funds.
• §22-11-26 Exceptions as to criminal liabilities.
• §22-11-27 Existing rights and remedies preserved; article for benefit of state only.
• §22-11-28 Functions, services and reports of director of the division; obtaining information from others.
• §22-11-29 Reimbursement of response costs.
• §22-11-30 Chesapeake Bay Restoration Initiative.

ARTICLE 11A. CARBON DIOXIDE SEQUESTRATION. 

• §22-11A-1 Legislative findings.
• §22-11A-2 Definitions.
• §22-11A-3 Prohibition of carbon dioxide sequestration without a permit; injection of carbon dioxide for the purpose of enhancing the recovery of oil or other minerals not subject to the provisions of this article.
• §22-11A-4 General powers and duties of the secretary with respect to carbon dioxide sequestration.
• §22-11A-5 Permit application requirements and contents; permit application fees.
• §22-11A-6 Carbon dioxide sequestration working group.
• §22-11A-7 Reporting and accountability.
• §22-11A-8 Oil, natural gas and coalbed methane activities at carbon dioxide sequestration sites; extraction of sequestered carbon dioxide.
• §22-11A-9 Cooperative agreements.

ARTICLE 12. GROUNDWATER PROTECTION ACT. 

• §22-12-1 Short title.
• §22-12-2 Legislative findings, public policy and purposes.
• §22-12-3 Definitions.
• §22-12-4 Authority of Secretary to promulgate standards of purity and quality.
• §22-12-5 Authority of other agencies; applicability.
• §22-12-6 Lead agency designation; additional powers and duties.
• §22-12-7 Groundwater coordinating committee; creation.
• §22-12-8 Groundwater certification.
• §22-12-9 Groundwater protection fees authorized; director to promulgate rules; dedication of fee proceeds; groundwater protection fund established; groundwater remediation fund established.
• §22-12-10 Civil and criminal penalties; civil administrative penalties; dedication of penalty proceeds; injunctive relief; enforcement orders; hearings.
• §22-12-11 Appeal procedures.
• §22-12-12 Rule-making petition.
• §22-12-13 Existing rights and remedies preserved; effect of compliance.
• §22-12-14 Effective dates of provisions subject to federal approval.

ARTICLE 13. NATURAL STREAMS PRESERVATION ACT. 

• §22-13-1 Short title.
• §22-13-2 Declaration of public policy.
• §22-13-3 Definitions.
• §22-13-4 Establishment of natural stream preservation system.
• §22-13-5 Designation of protected streams.
• §22-13-6 General powers and duties of director with respect to protected streams.
• §22-13-7 When permits required; when permits not to be issued.
• §22-13-8 Application for permit; form of application; information required; fees.
• §22-13-9 Procedure for issuance or denial of permit; transfer of permits.
• §22-13-10 Inspections; orders to compel compliance with permits; service of order.
• §22-13-11 Appeal to environmental quality board.
• §22-13-12 Actions to abate nuisances; injunctive relief.
• §22-13-13 Priority of actions.
• §22-13-14 Violations; criminal penalties.
• §22-13-15 Exceptions as to criminal liabilities.

ARTICLE 14. DAM CONTROL ACT. 

• §22-14-1 Short title.
• §22-14-2 Legislative findings; intent and purpose of article.
• §22-14-3 Definition of terms used in article.
• §22-14-4 General powers and duties of director; maximum fee established for certificates of approval and annual registration.
• §22-14-5 Unlawful to place, construct, enlarge, alter, repair, remove or abandon dam without certificate of approval; application required to obtain certificate.
• §22-14-6 Plans and specifications for dams to be in charge of registered professional engineer.
• §22-14-7 Granting or rejecting applications for certificate of approval by division; publication of notice of application; hearing upon application.
• §22-14-8 Content of certificates of approval for dams; revocation or suspension of certificates.
• §22-14-9 Inspections during progress of work on dam.
• §22-14-10 Procedures for handling emergencies involving dams; remedial actions to alleviate emergency; payment of costs of remedial actions to be paid by dam owner.
• §22-14-11 Requirements for dams completed prior to effective date of this section.
• §22-14-12 Dam owner not relieved of legal responsibilities by any provision of article.
• §22-14-13 Offenses and penalties.
• §22-14-14 Enforcement orders; hearings.
• §22-14-15 Civil penalties and injunctive relief.
• §22-14-16 Schedule of application fees established.
• §22-14-17 Schedule of annual registration fees established.
• §22-14-18 Continuation of dam safety fund; components of fund.
• §22-14-19 Dam Safety Rehabilitation Revolving Fund established; disbursement of fund moneys.
• §22-14-20 Dam Safety Rehabilitation Revolving Fund program.
• §22-14-21 Collection of money due to the fund.
• §22-14-22 Authority of Department of Environmental Protection for deficient dams that are privately owned by a noncompliant dam owner.

ARTICLE 15. SOLID WASTE MANAGEMENT ACT. 

• §22-15-1 Purpose and legislative findings.
• §22-15-2 Definitions.
• §22-15-3 Special provision for wood waste.
• §22-15-4 Authority of commissioner of bureau of public health.
• §22-15-5 Powers and duties; rules and rulemaking.
• §22-15-6 Fee for filing a certificate of site approval.
• §22-15-7 Special provision for residential solid waste disposal.
• §22-15-8 Limit on the size of solid waste facilities; rulemaking.
• §22-15-9 Exemption for solid waste facility handling in excess of thirty thousand tons per month.
• §22-15-10 Prohibitions; permits required.
• §22-15-11 Solid waste assessment fee; penalties.
• §22-15-12 Performance bonds; amount and method of bonding; bonding requirements; period of bond liability.
• §22-15-13 Pre-siting notice.
• §22-15-14 Limitations on permits; encouragement of recycling.
• §22-15-15 Orders, inspections and enforcement; civil and criminal penalties.
• §22-15-16 Appeal procedures.
• §22-15-17 Limited extension of solid waste facility closure deadline.
• §22-15-18 Condition on receiving permit.
• §22-15-19 Municipal and commercial solid waste incineration and backhauling prohibited; exceptions.
• §22-15-20 Sewage sludge management.
• §22-15-21 Waste tire management.
• §22-15-22 Sludge management.
• §22-15-23 Water treatment plant sludge.

ARTICLE 15A. THE A. JAMES MANCHIN REHABILITATION ENVIRONMENTAL ACTION PLAN. 

• §22-15A-1 Legislative findings and purpose.
• §22-15A-2 Definitions.
• §22-15A-3 West Virginia litter control and recycling programs; transfer of programs and employees; additional duties of Secretary; grants to counties and municipalities; and rules relating thereto.
• §22-15A-4 Unlawful disposal of litter; civil and criminal penalty; litter control fund; evidence; notice violations; litter receptacle placement; penalty; duty to enforce violations.
• §22-15A-5 Litter pickup and removal; education; government recycling responsibilities; monitoring and evaluation; study commission; repeal; report to Legislature.
• §22-15A-6 Assistance to solid waste authorities.
• §22-15A-7 Pollution prevention and open dumps.
• §22-15A-8 Waste tires prohibited in certain places; penalty.
• §22-15A-9 Creation of the A. James Manchin Fund; proceeds from sale of waste tires; fee on issuance of certificate of title.
• §22-15A-10 Department to administer funds for waste tire remediation; rules authorized; duties of Secretary.
• §22-15A-11 Disposal of waste tires.
• §22-15A-12 Remediation; liability for remediation and court costs.
• §22-15A-13 Injunctive relief; additional remedy.
• §22-15A-14 Authority of Commissioner of Bureau for Public Health.
• §22-15A-15 Continuation of waste tire remediation program.
• §22-15A-16 Recycling goals.
• §22-15A-17 Recycling plans.
• §22-15A-18 Establishment of county recycling programs for solid waste; petition for referendum; ballot contents; election procedure; effect of such election.
• §22-15A-19 Recycling assessment fee; regulated motor carriers; dedication of proceeds; criminal penalties.
• §22-15A-20 Establishment of state recycling program for solid waste.
• §22-15A-21 Procurement of recycled products.
• §22-15A-22 Prohibition on the disposal of certain items; plans for the proper handling of said items required.
• §22-15A-23 Recycling facilities exemption.
• §22-15A-24 Covered manufacturers; prohibited sales; effective date.
• §22-15A-25 Manufacturer registration; registration fees; creating the Covered Electronic Devices Takeback Fund.
• §22-15A-26 Manufacturers' takeback programs.
• §22-15A-27 Civil actions and administrative fines; powers and duties of secretary.
• §22-15A-28 Retailer penalties.
• §22-15A-29 Rulemaking.

ARTICLE 16. SOLID WASTE LANDFILL CLOSURE ASSISTANCE PROGRAM. 

• §22-16-1 Legislative findings and purpose.
• §22-16-2 Definitions.
• §22-16-3 Commercial solid waste landfill closure assistance program.
• §22-16-4 Solid waste assessment fee; penalties.
• §22-16-5 Solid waste management board empowered to issue solid waste closure revenue bonds, renewal notes and refunding bonds; requirements and manner of such issuance.
• §22-16-6 Establishment of reserve funds, replacement and improvement funds and sinking funds; fiscal agent; purposes for use of bond proceeds; application of surplus.
• §22-16-7 Legal remedies of bondholders.
• §22-16-8 Bonds and notes not debt of state, county, municipality or of any political subdivision; expenses incurred pursuant to article.
• §22-16-9 Solid waste closure revenue bonds lawful investments.
• §22-16-10 Limitation on assistance.
• §22-16-11 Application for closure assistance.
• §22-16-12 Solid Waste Facility Closure Cost Assistance Fund; closure extension; reporting requirements.
• §22-16-13 Promulgation of rules by director.
• §22-16-14 Liability of owner or operator.
• §22-16-15 Procedures for handling remedial actions; payment of costs of remedial actions to be paid by owner or operator.
• §22-16-16 Right of entry.
• §22-16-17 Authority of director to accept grants and gifts.
• §22-16-18 Management and control of project.

ARTICLE 17. UNDERGROUND STORAGE TANK ACT. 

• §22-17-1 Short title.
• §22-17-2 Declaration of policy and purpose.
• §22-17-3 Definitions.
• §22-17-4 Designation of division of environmental protection as the state underground storage tank program lead agency.
• §22-17-5 Powers and duties of director; integration with other acts.
• §22-17-6 Promulgation of rules and standards by director.
• §22-17-7 Underground storage tank advisory committee; purpose.
• §22-17-8 Notification requirements.
• §22-17-9 Registration requirements; undertaking activities without registration.
• §22-17-10 Financial responsibility.
• §22-17-11 Performance standards for new underground storage tanks.
• §22-17-12 Confidentiality.
• §22-17-13 Inspections, monitoring and testing.
• §22-17-14 Corrective action for underground petroleum storage tanks.
• §22-17-15 Administrative orders; injunctive relief; requests for reconsideration.
• §22-17-16 Civil penalties.
• §22-17-17 Public participation.
• §22-17-18 Appeal to environmental quality board.
• §22-17-19 Disclosures required in deeds and leases.
• §22-17-20 Appropriation of funds; underground storage tank administrative fund.
• §22-17-21 Leaking underground storage tank response fund.
• §22-17-22 Underground storage tank insurance fund.
• §22-17-23 Duplicative enforcement prohibited.

ARTICLE 18. HAZARDOUS WASTE MANAGEMENT ACT. 

• §22-18-1 Short title.
• §22-18-2 Declaration of policy.
• §22-18-3 Definitions.
• §22-18-4 Designation of division of environmental protection as the state hazardous waste management lead agency.
• §22-18-5 Powers and duties of director; integration with other acts; establishment of study of hazardous waste management.
• §22-18-6 Promulgation of rules by director.
• §22-18-7 Authority and jurisdiction of other state agencies.
• §22-18-8 Permit process; undertaking activities without a permit.
• §22-18-9 Corrective action.
• §22-18-10 Public participation in permit process.
• §22-18-11 Transition program for existing facilities.
• §22-18-12 Confidential information.
• §22-18-13 Inspections; right of entry; sampling; reports and analyses; subpoenas.
• §22-18-14 Monitoring, analysis and testing.
• §22-18-15 Enforcement orders; hearings.
• §22-18-16 Criminal penalties.
• §22-18-17 Civil penalties and injunctive relief.
• §22-18-18 Imminent and substantial hazards; orders; penalties; hearings.
• §22-18-19 Citizen suits; petitions for rule making; intervention.
• §22-18-20 Appeal to environmental quality board.
• §22-18-21 Disclosures required in deeds and leases.
• §22-18-22 Appropriation of funds; Hazardous Waste Management Fund.
• §22-18-23 State program to be consistent with and equivalent to federal program.
• §22-18-24 Duplication of enforcement prohibited.
• §22-18-25 Financial responsibility provisions.

ARTICLE 19. HAZARDOUS WASTE EMERGENCY RESPONSE FUND. 

• §22-19-1 Findings; purpose.
• §22-19-2 Definitions.
• §22-19-3 Hazardous waste emergency response fund; components of fund.
• §22-19-4 Fee assessments; tonnage fees; due dates of payments; interest on unpaid fees.
• §22-19-5 Director's responsibilities; fee schedules; authorized expenditures; other powers of director; authorizing civil actions; assistance of attorney general or prosecuting attorney.
• §22-19-6 State hazardous waste contingency plan

ARTICLE 20. ENVIRONMENTAL ADVOCATE. 

• §22-20-1 Appointment of environmental advocate; powers and duties; salary.
• §22-20-2 Continuation of environmental advocate.

ARTICLE 21. COALBED METHANE WELLS AND UNITS. 

• §22-21-1 Declaration of public policy; legislative findings.
• §22-21-2 Definitions.
• §22-21-3 Application of article; exclusions; application of chapter twenty-two-b to coalbed methane wells.
• §22-21-4 Chief; powers and duties generally.
• §22-21-5 Duties of the Coalbed Methane Review Board; meetings; notice, powers and duties generally.
• §22-21-6 Permit required for coalbed methane well; permit fee; application; soil erosion control plan; penalties.
• §22-21-7 Consent and agreement of coal owner or operator.
• §22-21-8 Performance bonds; corporate surety or other security.
• §22-21-9 Notice to owners.
• §22-21-10 Procedure for filing comments.
• §22-21-11 Objections or comments to coalbed methane wells by coal owner or operator; hearings.
• §22-21-12 Review of application; issuance of permit in the absence of objections; copy of permits to county assessor.
• §22-21-13 Review board hearing; findings; order.
• §22-21-14 Protective devices required when a coalbed methane well penetrates workable coalbed; when a coalbed methane well is drilled through horizon of coalbed from which coal has been removed; notice of stimulation; results of stimulation.
• §22-21-15 Drilling units and pooling of interests.
• §22-21-16 Notice to owners.
• §22-21-17 Review of application; hearing; pooling order; spacing; operator; elections; working interests, royalty interests, carried interests, escrow account for conflicting claims, division order.
• §22-21-18 Operation on drilling units.
• §22-21-19 Validity of unit agreements.
• §22-21-20 Spacing.
• §22-21-21 Dry or abandoned wells.
• §22-21-22 Notice of plugging and reclamation of well; right to take well; objection; plugging order; plugging for mine-through.
• §22-21-23 Method of plugging.
• §22-21-24 Existing mining rights.
• §22-21-25 Judicial review; appeal to supreme court of appeals; legal representation for review board.
• §22-21-26 Limitation on actions in trespass.
• §22-21-27 Injunctive relief.
• §22-21-28 Penalties.
• §22-21-29 Construction.

ARTICLE 22. VOLUNTARY REMEDIATION AND REDEVELOPMENT ACT. 

• §22-22-1 Legislative findings; legislative statement of purpose.
• §22-22-2 Definitions.
• §22-22-3 Rule-making authority of the director.
• §22-22-4 Voluntary remediation program; eligibility application and fee; information available to public; confidentiality of trade secrets; information; criminal penalties; requirements of site assessment; rejection or return of application; appeal of rejection.
• §22-22-5 Brownfield application; remediation process; brownfield remediation; eligibility; application; remediation loan; and obtaining information from director.
• §22-22-6 Voluntary remediation administrative fund established; voluntary remediation fees authorized; brownfields revolving fund established; disbursement of funds moneys; employment of specialized persons authorized.
• §22-22-7 Voluntary remediation agreement; required use of licensed remediation specialist; required provisions of a voluntary remediation agreement; failure to reach agreement; appeal to the environmental quality board; no enforcement action when subject of agreement.
• §22-22-8 Voluntary remediation work plans and reports.
• §22-22-9 Termination of agreement; cost of recovery; legal actions.
• §22-22-10 Inspections; right of entry; sampling; reports and analyses.
• §22-22-11 Licensed remediation specialist, licensure procedures.
• §22-22-12 Enforcement orders for licensed remediation specialists; cease and desist order; criminal penalties.
• §22-22-13 Certificate of completion.
• §22-22-14 Land-use covenant; criminal penalties.
• §22-22-15 Reopeners.
• §22-22-16 Duty of assessor and citizens to notify director when change of property use occurs.
• §22-22-17 Public notification for brownfields.
• §22-22-18 Environmental liability protection.
• §22-22-19 Establishing and limiting the responsibilities of remediation contractors.
• §22-22-20 Affirmative defenses.
• §22-22-21 Savings clause.

ARTICLE 22A. WEST VIRGINIA LIMITED LIABILITY FOR PERSONS RESPONDING TO OIL DISCHARGES ACT. 

• §22-22A-1 Short title.
• §22-22A-2 Definitions.
• §22-22A-3 Exemption from liability.

ARTICLE 22B. UNIFORM ENVIRONMENTAL COVENANTS ACT. 

• §22-22B-1 Short title.
• §22-22B-2 Definitions.
• §22-22B-3 Nature of rights; subordination of interests.
• §22-22B-4 Contents of environmental covenant.
• §22-22B-5 Validity; effect on other instruments.
• §22-22B-6 Relationship to other land-use law.
• §22-22B-7 Notice.
• §22-22B-8 Recording.
• §22-22B-9 Duration; amendment by court action.
• §22-22B-10 Amendment or termination by consent.
• §22-22B-11 Enforcement of environmental covenant.
• §22-22B-12 Uniformity of application and construction.
• §22-22B-13 Relation to Electronic Signatures in Global and National Commerce Act.
• §22-22B-14 Severability.

ARTICLE 23. KYOTO PROTOCOL; ENFORCEMENT PROHIBITIONS. 

• §22-23-1 Findings and purposes
• §22-23-2 Restrictions on state rules related to greenhouse gas emissions.

ARTICLE 23A. ENVIRONMENTAL IMPACT STATEMENT. 

• §22-23A-1 Findings.
• §22-23A-2 Requiring department of environmental protection to refrain from implementing or adopting rules or making certain commitments absent legislative approval; reporting required.

ARTICLE 24. SMALL BUSINESS ENVIRONMENTAL LOAN PROGRAM. 

• §22-24-1 Legislative findings, intent and purpose.
• §22-24-2 Definitions.
• §22-24-3 Loan application requirements.
• §22-24-4 Loan conditions.
• §22-24-5 Small business environmental revolving loan account.
• §22-24-6 Loan processing.

ARTICLE 25. ENVIRONMENTAL EXCELLENCE PROGRAM. 

• §22-25-1 Legislative findings.
• §22-25-2 Purpose.
• §22-25-3 Definitions.
• §22-25-4 Powers and duties of the department.
• §22-25-5 Eligibility and application requirements.
• §22-25-6 Application review and authority to enter into environmental performance agreement.
• §22-25-7 Judicial review of department decision on acceptance of application to participate in the environmental excellence program.
• §22-25-8 Withdrawal, enforcement and termination from the program.
• §22-25-9 Incentives.
• §22-25-10 Environmental performance agreements; contents, and specifications.
• §22-25-11 Recovery of costs to department in developing, negotiating and publicizing environmental performance agreement; deposition of moneys collected; creation of environmental excellence program administrative fund.
• §22-25-12 Public participation.
• §22-25-13 Review and repeal of the environmental excellence program.

ARTICLE 26. WATER RESOURCES PROTECTION ACT. 

• §22-26-1 Short title; legislative findings.
• §22-26-2 Definitions.
• §22-26-3 Waters claimed by state; water resources protection survey; registration requirements; agency cooperation; information gathering.
• §22-26-4 Confidentiality.
• §22-26-5 Joint Legislative Oversight Commission on State Water Resources.
• §22-26-6 Mandatory survey and registration compliance.
• §22-26-7 Secretary authorized to log wells; collect data.
• §22-26-8 State Water Resources Management Plan; powers and duty of secretary.
• §22-26-9 Regional water resources management plans; critical planning areas.

ARTICLE 27. ENVIRONMENTAL GOOD SAMARITAN ACT. 

• §22-27-1 Declaration of policy and purpose.
• §22-27-2 Legislative findings.
• §22-27-3 Definitions.
• §22-27-4 Eligibility and project inventory.
• §22-27-5 Landowner liability limitation and exceptions.
• §22-27-6 Project sponsor liability limitation and exceptions.
• §22-27-7 Permits and zoning.
• §22-27-8 Relationship to federal and state programs.
• §22-27-9 General permits.
• §22-27-10 Exceptions.
• §22-27-11 Water supply replacement.
• §22-27-12 Rules.

ARTICLE 28. COMMUNITY INFRASTRUCTURE INVESTMENT PROJECTS. 

• §22-28-1 Legislative findings.
• §22-28-2 Definitions.
• §22-28-3 Creation of community infrastructure investment project; certificate of appropriateness; rule-making authority.
• §22-28-4 Community infrastructure investment agreements; report to Joint Committee on Government and Finance.
• §22-28-5 Authority of the Department of Environmental Protection and Division of Health not affected.
• §22-28-6 Time for approval.
• §22-28-7 Fees.
• §22-28-8 Exemption from Public Service Commission approval.
• §22-28-9 Rule-making authority.